Montedipe S.p.A. v JTP-RO Jugotanker (Jordan Nicolov)

JurisdictionEngland & Wales
Date1990
Year1990
CourtQueen's Bench Division (Commercial Court)
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24 cases
  • London Steam-Ship Owners' Mutual Insurance Association Ltd v Kingdom of Spain (THE “PRESTIGE”) (NO 3)
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 18 June 2020
    ...of the arbitration clause (ibid., p. 285). After referring to various authorities including his own decision in The Jordan Nicolev[1990] 2 Lloyd's Rep 11, Hobhouse LJ continued: These authorities confirm that the rights which the insurance company has acquired are rights which are subject t......
  • A v B
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 25 November 2016
    ...the Court of Appeal to the decision of Phillips J (as he then was) in The Felicie [1990] 2 Lloyd's Rep 21 and to The Jordan Nicolov [1990] 2 Lloyd's Rep 11 where Hobhouse J (as he then was) made it clear that a legal assignee, succeeding to the rights of an assignor in a pending arbitration......
  • Willie (Charles M.) & Company (Shipping) Ltd v Ocean Laser Shipping Ltd (Smaro)
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 29 October 1998
    ...which had led to the pending arbitration. For the purpose of his submission Mr Berry relied on two authorities, The Jordan Nicolov [1990] 2 Lloyd's Rep 11 and Baytur SA v. Finagro Holding SA [1992] 1 Lloyd's Rep 134, in both of which the new party claiming to enter upon an existing arbitra......
  • West Tankers Inc. v Ras Riunione Adriatica Di Sicurta Spa and Others
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 21 March 2005
    ...of the relevant liability." 23 Hobhouse LJ. then referred to the following passage from his own judgment in The Jordan Nicolev [1990] 2 Lloyd's Rep 11 where there had been an assignment of the cause of action after the commencement of the arbitration: "Where the assignment is the assignmen......
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1 books & journal articles
  • AN ASSIGNEE'S OBLIGATION TO ARBITRATE AND THE PRINCIPLE OF CONDITIONAL BENEFIT
    • Singapore
    • Singapore Academy of Law Journal No. 2016, December 2016
    • 1 December 2016
    ...where the judge considered an arbitration agreement too personal a right to be assigned. See also Montedipe SpA v JTP-RO Jugotanker[1990] 2 Lloyd's Rep 11 at 15–17 and Firma C-Trade SA v Newcastle Protection and Indemnity Association (No 2)[1991] 2 AC 1 at 33. 19 The Halcyon the Great [1984......

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